CLA-2-56:OT:RR:NC:N3:350

Ms. Linda K. Tiller
Husch Blackwell
4801 Main Street, Suite 1000
Kansas City, MO 64112

RE: The tariff classification of five nonwoven fabrics

Dear Ms. Tiller:

In your letter dated November 12, 2014, you requested a tariff classification ruling on behalf of your client Propex Operating Company, LLC, of Chattanooga, Tennessee. Five samples were submitted with your ruling request.

As stated in your letter, “Propex manufactures needle-punched nonwoven (NPNW) geotextiles from polypropylene and/or polyester staple fiber. Propex geotextile products are flexible fabrics of controlled permeability used to provide filtration, soil separation, reinforcement, and drainage functions in civil engineering projects or for use in the automotive industry. The NPNW fabrics are made from randomly oriented staple fibers that are needle-punched to form a stable network that retains dimensional stability relative to each other.”

The manufacturing process is described as follows: staple fibers are fed into a carding machine, where the fibers are combed out and pressed into a web, which is cross-lapped in multiple layers to build up a heavier web. The web is needle-punched to mechanically orient and interlock the staple fibers. Except for the Geotex® 650, the fabrics addressed in this ruling are fed through a calendar, where heat and pressure are applied to fuse the fibers together and increase the strength of the fabric.

Geotex® 650 is described as an NPNW natural or white geotextile fabric typically used in landfill applications, sold in rolls, generally 15 feet x 300 feet. The product is not calendared or heat treated. The nominal weight of the fabric is 6.5 osy. Customs & Border Protection (CBP) laboratory analysis indicates that this is a bleached needleloom felt wholly composed of olefin staple fibers, produced by the needle-punching method, weighing 232.5 g/m2.

The applicable subheading for Geotex® 650 will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for felt, whether or not impregnated, coated, covered or laminated: needleloom felt and stitch-bonded fabrics: other, other. The duty rate will be 10.6% ad valorem.

Duon® 0739 is described as an NPNW grey fabric typically used as a construction fabric in automotive seating, sold in rolls, generally 5 feet x 3000 feet. The product is calendared and heat treated. The nominal weight of the fabric is 3.8 osy. CBP laboratory analysis indicates that this is a nonwoven fabric, wholly composed of dyed olefin staple fibers, produced by needle punching and thermal bonding, weighing 128.3 g/m2.

The applicable subheading for Duon® 0739 will be 5603.93.0090, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated: other: weighing more than 70 g/m2 but not more than 150 g/m2. The duty rate will be Free.

Geotex® 1601 is described as an NPNW black geotextile fabric typically used in landfill applications, sold in rolls, generally 15 feet x 300 feet. The product is calendared and heat treated. The nominal weight of the fabric is 16 osy. CBP laboratory analysis indicates that this is a nonwoven fabric, wholly composed of dyed olefin staple fibers, produced by needle punching and thermal bonding, weighing 485.5 g/m2.

Petromat® 4598 is described as an NPNW black geotextile fabric typically used for asphalt or concrete paving applications, sold in rolls, generally 15 feet x 300 feet. The product is calendared and heat treated. The nominal weight of the fabric is 4.1 osy. CBP laboratory analysis indicates that this is a nonwoven fabric, wholly composed of dyed man-made staple fibers, produced by needle punching and thermal bonding, weighing 175.6 g/m2.

The applicable subheading for Geotex® 1601 and Petromat® 4598 will be 5603.94.9030, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated: other: weighing more than 150 g/m2, other: other, other nonwovens, whether or not impregnated, coated or covered: thermal bonded, of staple fibers. The duty rate will be Free.

We note that Geotex® 311 was previously ruled upon in NY Ruling K86081, dated May 20, 2004. A copy of that ruling is enclosed herewith. Until such time as K86081is revoked or modified, the classification of Geotex® 311 as shown in K86081, remains in effect. If the facts regarding this fabric have changed, such as construction, fiber content or use, please submit a new binding ruling request for this fabric, with explanation of the differences.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Maribeth Dunajski at maribeth.dunajski @ cbp.dhs.gov.

Sincerely,

Gwenn K. Kirschner
Director
National Commodity Specialist Division